Agenda Date: 02/18/2026
Subject:
Title
AAC Resolution 01-2026: Approving a variance to allow for a maximum height of 32.91 feet for the proposed town home development at 5850 South Windermere Street, where the maximum permitted height for town homes is thirty (30) feet.
Body
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Prepared by: |
Jesse Sheets, Planner II |
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Presentations: |
Jesse Sheets, Planner II |
PURPOSE:
Table 10-4-2.2 of the Unified Land Use Code (ULUC) requires that town homes in the MFR district have a maximum height of no more than thirty (30) feet. The applicant seeks a variance to allow for a maximum height of 32.91 feet for the town homes proposed on this site. There are 66 units proposed (62 market rate and 4 designated as affordable) in total. Two of the proposed units reach the requested maximum variance height. In addition to these two units, there are also 30 other units proposed on the site that would exceed the 30-foot height limit imposed by the ULUC for town homes to a lesser extent. The variance request would allow a height increase beyond the code requirement with the maximum height permitted being 32.91 feet, to accommodate the two tallest units on the site, as well as the other 30 units that exceed the limit.
LONG-TERM OUTCOME(S) SERVED:
High Quality Governance
DISCUSSION:
Variances are typically considered when the strict application of the Littleton City Code creates an undue hardship on an applicant or when a hardship is created by physical surroundings. The applicant is requesting the variance to accommodate units with varying heights, some of which under the current design could not meet the height restrictions. The applicant states the need for the variance is based on the sloping conditions of the site that make meeting the height requirements challenging for every single unit shown on the site plan. Approval of the variance would allow the units shown on the site plan to exceed the 30 feet height limit for town homes in the MFR zone district, with the maximum height being listed at 32.91 feet.
The applicant has applied for a site plan review. Staff did alert the applicant that for the 66 proposed units shown on the site plan to be approved by planning staff, a variance request would need to be applied for and granted. If the variance is not approved, a redesign will be necessary. Staff provided the applicant with the information needed to move forward with the variance request and the hearing date was scheduled for February 18, 2026.
BACKGROUND:
The variance request was evaluated against the variance criteria set forth in Section 10-9-9.4.C.1 of the ULUC and listed below:
a. Strict application of the provisions of this Code would impose an undue hardship on the applicant and deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
b. The hardship is based on or results from the particular physical surroundings, shape, or topographical conditions of the subject property.
c. The hardship under which the variance is sought was not created by the owner, occupant, or agent of the owner of the property in question.
d. The variance requested is the minimum necessary that will make possible a permitted use of the land, building, or structure.
e. A variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district.
f. A variance will not adversely affect the public health, safety, and welfare.
In staff’s opinion, the proposed application does not meet all six review criteria, as elaborated in the staff report.
Prior Actions or Discussions
10/24/2024 Pre-Application Meeting (PREAPP24-0037)
6/3/2025 Site Plan (SIP25-0003) applied for
12/23/2025 Applicant applied for a variance request (VAR25-0008)
FISCAL IMPACTS:
N/A
ALTERNATIVES:
The Appeals and Adjustment Commission (AAC) may either approve, approve with conditions, deny the request, or continue consideration to gather more information. If the commission denies the request or places a condition of approval objectionable to the applicant, the applicant may appeal the decision to city council within 15 days of the decision.
STAFF RECOMMENDATION:
Based on staff’s analysis, it appears the proposed variance is not in compliance with the approval criteria in Section 10-9-9.4.C.1, as detailed in the staff report. Therefore, staff recommends denial of AAC Resolution 01-2026
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PROPOSED MOTION:
I move to approve AAC Resolution 01-2026, approving a variance to allow for a maximum height of 32.91 feet for the proposed town home development at 5850 South Windermere Street, where the maximum permitted height for town homes is 30 feet.
REFERENCES:
Unified Land Use Code (ULUC) Variances:
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3305
NB Lot and Building Standards:
Document Viewer | Littleton, CO City Code and Charter <https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx> (Table 10-4-2.2)